G52-07 •
A'' Ordinance No. G52-07
AN ORDINANCE
AMENDING CHAPTERS 7.04, 9.32 AND 14.08
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO CONFORM WITH U.S. EPA AND ILLINOIS EPA
COMBINED SEWER OVERFLOW (CSO) CONTROL POLICY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 7.04 of the Elgin Municipal Code, 1976, as amended, entitled
"Dogs and Cats," be and is hereby amended by amending Section 7.04.010, entitled,
"Definitions,"to add the following new definition to read as follows:
PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks,parkways,tree banks and parking strips.
Section 2. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled
"Water Pollution," be and is hereby amended by creating Section 9.32.005, entitled
"Definitions,"to read as follows:
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of
e""` practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs shall also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORM WATER DISCHARGE PERMIT: A permit issued by the United States
Environmental Protection Agency, or by the Illinois Environmental Protection Agency
State under authority delegated pursuant to 33 USC § 1342(b), as amended, authorizing
the discharge of pollutants to waters of the United States, whether the permit is applicable
on an individual, group, or general area-wide basis.
NON-STORMWATER DISCHARGE: Any discharge to the storm drain system that is
not composed entirely of stormwater.
..,� PERSON: Any individual, partnership, corporation, trust, firm, company, estate,
association or other entity.
POLLUTANT: Anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other automotive
fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, ordinances, and accumulations, so that
same may cause or contribute to pollution; floatables; pesticides, herbicides, and
fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens;
dissolved and particulate metals; animal wastes; wastes and residues that result from
constructing a building or structure; and noxious or offensive matter of any kind.
PREMISES: Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks, parkways,treebanks and parking strips.
PROHIBITED DISCHARGE: Any direct or indirect non-stormwater discharge to the
storm drain system, except those non-stormwater discharges expressly exempted in
Section 9.32.010 B.1. of this chapter, as amended.
PROHIBITED CONNECTION: Either of the following drains or conveyances:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an
,PD,lak illegal discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-stormwater discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of
whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
STORM DRAINAGE SYSTEM: The city-owned facilities by which stormwater is
collected and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures.
STORM WATER: Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
Section 3. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled
"Water Pollution," be and is hereby amended by amending Section 9.32.010, entitled"Deposit of
Wastes Prohibited,"to read as follows:
es-
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w.. v. A. No person shall discharge or cause to be discharged any materials, directly or
indirectly, into the city's storm drainage system or watercourses, including but not
limited to, pollutants or waters containing any pollutants that cause or contribute
to a violation of applicable water quality standards, other than stormwater.
B. The commencement, conduct or continuance of any prohibited discharge to the
storm drainage system is prohibited except as described as follows:
1. The following discharges are exempt from the discharge prohibitions
established by this chapter: Water line flushing or other potable water
sources; landscape irrigation or lawn watering; diverted stream flows;
rising ground water; ground water infiltration to storm drains;
uncontaminated pumped ground water; foundation or footing drains (not
including active groundwater dewatering systems); crawl space pumps; air
conditioning condensation; springs; non-commercial washing of vehicles;
natural riparian habitat or wetland flows; swimming pools (when
dechlorinated, i.e., less than one PPM chlorine); fire fighting activities;
and any other water source not containing pollutants.
2. Discharges specified in writing by the city as being necessary to protect
public health and safety.
e"_.4 3. Dye testing, provided after the city first receives written notification prior
to the commencement of the test.
C. The prohibition shall not apply to any non-stormwater discharge permitted under
an NPDES permit, waiver, or waste discharge order issued to the discharger and
administered under the authority of the United States Environmental Protection
Agency, provided that the discharger is in full compliance with all requirements
of the permit, waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to the storm
drain system.
D. It is unlawful for any person, firm, or corporation, individually or by its agent,
employee or servant, to cast, throw, sweep, sift or deposit in any manner in or
upon the waters of the Fox River or public water or receiving basin within the
jurisdiction of the city any kind of dirt, rubbish, waste, article, thing or substance
whatsoever whether liquid or solid. Nor shall any such person or corporation cast,
throw, sweep, sift or deposit any of the aforementioned items anywhere within the
jurisdiction of the city in such a manner that it may be carried or deposited in
whole or in part by the action of the sun, wind, rain or snow, into the
aforementioned Fox River or public watercourse; provided that this section shall
not apply to the deposit of material under a permit authorized by the State or
authorized by any ordinance of the city, nor shall the same apply to articles or
�, things deposited in or conducted into the city sewer system through lawful drains
and in accordance with the ordinances of the city relating thereto.
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Section 4. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled
"Water Pollution," be and is hereby amended by creating Section 9.32.035, entitled
"Watercourse Protection,"to read as follows:
A. Every person owning property through which a watercourse passes, or such
person's lessee, shall keep and maintain that part of the watercourse within the
property free of trash, debris, excessive vegetation, and other obstacles that would
pollute, contaminate, or significantly retard the flow of water through the
watercourse. In addition, the owner or lessee shall maintain existing privately
owned structures within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of the watercourse.
The owner or lessee shall not remove healthy bank vegetation beyond that
actually necessary for maintenance, nor remove said vegetation in such a manner
as to increase the vulnerability of the watercourse to erosion. The property owner
shall be responsible for maintaining and stabilizing that portion of the watercourse
that is within their property lines in order to protect against erosion and
degradation of the watercourse originating or contributed from their property.
B. Whenever the city finds that a discharge of pollutants is taking place or has
occurred which will result in or has resulted in pollution of stormwater, the storm
drain system, or Waters of the United States, the city may require by written
e,r,,, notice to the owner of the property and/or the responsible person that the pollution
be remediated and the affected property restored within a specified time pursuant
to the provisions of this chapter.
C. The city may require by written notice of requirement that any person engaged in
any activity and/or owning or operating any facility which may cause or
contribute to stormwater pollution, illegal discharges, and/or non-stormwater
discharges to the storm drain system or waters of the United States, to undertake
at said person's expense such monitoring and analyses and furnish such reports to
the city as deemed necessary to determine compliance with this Article.
Section 5. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled
"Water Pollution," be and is hereby amended by creating Section 9.32.037, entitled "Notification
of Spills and Enforcement,"to read as follows:
A. Notwithstanding other requirements of law, as soon as any person responsible for
a facility or operation, or responsible for emergency response for a facility or
operation has information of any known or suspected release of materials which
are resulting or may result in illegal discharges or pollutants discharging into
stormwater, the storm drain system, or Waters of the United States, said person
shall take all necessary steps to ensure the discovery, containment, and cleanup of
such release. In the event of such a release of hazardous materials said person
shall immediately notify emergency response officials of the occurrence via
eik emergency dispatch services (911). In the event of a release of non-hazardous
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Oh, materials, said person shall notify the city in person or by phone or facsimile no
later than by 5:00 p.m. of the next business day. Notifications in person or by
phone shall be confirmed by written notice addressed and mailed to the city
manager within three business days of the phone notice. If the discharge of
prohibited materials emanates from a commercial or industrial establishment, the
owner or operator of such establishment shall also retain an on-site written record
of the discharge and the actions taken to prevent its recurrence. Such records shall
be retained for at least three years.
B. Whenever the city finds that a person has violated a prohibition or failed to meet a
requirement of this Article, the city may order compliance by written notice of
violation to the responsible person. Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property; and
rmilk 5. Payment of a fine to cover administrative and remediation costs; and
6. The implementation of source control or treatment BMPs.
C. If abatement of a violation and/or restoration of affected property is required, the
notice shall set forth a deadline within which such remediation or restoration must
be completed. Said notice shall further advise that, should the violating party fail
to remediate or restore within the established deadline, the work will be
completed by the city or a contractor and the expense thereof shall be charged to
the violating party at the cost of the work plus administrative costs.
D. If the violation has not been corrected pursuant to the requirements set forth in the
notice of violation, the city shall be authorized to enter upon the subject private
property and shall be authorized to take any and all measures necessary to abate
the violation and/or restore the property. It shall be unlawful for any person,
owner, agent or person in possession of any premises to refuse to allow city
officials or the city's designated contractor to enter upon the premises for the
purposes set forth in this section.
E. The city reserves the right to discontinue water service, sanitary sewer service or
provide access to storm sewers (by plugging or turning off the storm sewers) to
any violator when non-compliance occurs.
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■. /► F. Within 30 days after the city's abatement of the violation, the owner of the
property shall be notified of the actual cost of abatement, plus the city's
administrative costs. The property owner may file a written protest objecting to
the amount of the assessment within fifteen (15) days of the receipt of the city's
notification of the actual abatement costs and administrative costs. If the amount
due is not paid within thirty days from the date of the city's notification of the
actual abatement costs and administrative costs, or at such time as determined by
the decision of the city manager or his or her designee in response to a written
protest, the charges shall become a special assessment against the property and
shall constitute a lien on the property for the amount of the assessment.
The notice of lien of the cost and expense thereof incurred by the city shall be
recorded in the following manner: The city may file notice of lien in the office of
the recorder of deeds in the county in which said real estate is located or in the
office of the registrar of titles of such county if the real estate affected is
registered under the Torrens system. The notice of lien shall consist of a sworn
statement setting out a description of the real estate sufficient for identification
thereof, the amount of money representing the cost and expense incurred or
payable for the service, and the date or dates when said cost and expense was
incurred by the city, and shall be filed within sixty (60) days after the cost and
expense is incurred.
Upon the filing of a notice of lien as provided herein, the city shall have a lien
upon the land described therein and upon which the illicit discharge mitigation or
other service have been made to secure cost and expenses thereof and nine
percent (9%) interest per year on the amount, which interest shall begin accruing
sixty(60) days after the cost is incurred.
G. It shall be unlawful for any person to violate any provision or fail to comply with
any of the requirements of this chapter. If a person has violated or continues to
violate the provisions of this chapter, city may petition for a preliminary or
permanent injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or remediation
of the violation.
H. In lieu of enforcement proceedings, penalties, and remedies authorized by this
chapter, the city may choose to impose alternative compensatory actions upon a
violator, such as storm drain stenciling, attendance at compliance workshops,
creek cleanup, or other similar activities.
In addition to the enforcement processes and penalties provided, any condition
caused or permitted to exist in violation of any of the provisions of this chapter is
a threat to public health, safety, and welfare, and is declared and deemed a
nuisance, and may be summarily abated or restored at the violator's expense,
and/or a civil action to abate, enjoin, or otherwise compel the cessation of such
nuisance may be taken.
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alibk
J. Any person who has violated or continues to violate this chapter shall be liable to
shall be subject to a fines of not less than $1000.00 dollars per violation for each
day the violation continues to exist, for a period of time not to exceed ten (10)
days.
K. The remedies listed in this chapter are not exclusive of any other remedies
available under any applicable federal, state or local law and it is within the
discretion of the city to seek cumulative remedies.
Section 6. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled
"Water Pollution," be and is hereby amended by amending Section 9.32.110, entitled
"Definitions,"to add the following new definitions to read as follows:
PERSON: Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's agent.
PREMISES: Any building, lot, parcel of land, or portion of land, whether improved or
unimproved, including adjacent sidewalks,parkways, tree banks and parking strips.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Section 7. That Chapter 9.32 of the Elgin Municipal Code, 1976, as amended, entitled
"Water Pollution," be and is hereby amended by creating "Article IV. Good Housekeeping
Requirements,"with its attendant new sections, to read as follows:
9.32.200: DEFINITIONS:
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in
40 CFR, Section 122.26 (b)(14), as amended.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORM WATER DISCHARGE PERMIT: A permit issued by the United States
Environmental Protection Agency, or by the Illinois Environmental Protection Agency
State under authority delegated pursuant to 33 USC § 1342(b), as amended, authorizing
the discharge of pollutants to waters of the United States, whether the permit is applicable
rik on an individual, group, or general area-wide basis.
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STORMWATER POLLUTION PREVENTION PLAN (SWPP): A document which
describes the Best Management Practices and activities to be implemented by a person or
business to identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems,
and/or receiving waters to the maximum extent practicable.
9.32.210: REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM
WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES:
A. The city shall adopt requirements identifying BMPs for any activity, operation, or
facility that may cause or contribute to pollution or contamination of stormwater,
the storm drain system, or waters of the United States The owner or operator of a
commercial or industrial establishment shall provide, at its own expense,
reasonable protection from accidental discharge of prohibited materials or other
wastes into the municipal storm drain system or watercourses through the use of
these structural and non-structural BMPs. Further, any person responsible for a
property or premise, which is, or may be, the source of an illicit discharge, may be
required to implement, at said person's expense, additional structural and non-
structural BMPs to prevent the further discharge of pollutants to the municipal
separate storm sewer system. Compliance with all terms and conditions of a valid
NPDES permit authorizing the discharge of stormwater associated with industrial
fro°Pik activity, to the extent practicable, shall be deemed compliance with the provisions
of this section. These BMPs shall be part of a stormwater pollution prevention
plan (SWPP) as necessary for compliance with requirements of the NPDES
permit.
B. The city may adopt requirements identifying appropriate BMPs to control the
volume, rate, and potential pollutant load of stormwater runoff from new
development and redevelopment projects as may be appropriate to minimize the
generation, transport, and discharge of pollutants. The city shall incorporate such
requirements in any land use entitlement and construction or building-related
permit to be issued relative to such development or redevelopment. The owner
and developer shall comply with the terms, provisions, and conditions of such
land use entitlements and building permits as required in this chapter.
C. Notwithstanding the presence or absence of requirements promulgated pursuant to
subsections A and B of this section, any person engaged in activities or
operations, or owning facilities or property which will or may result in pollutants
entering stormwater, the storm drain system, or waters of the United States shall
implement BMPs to the extent they are technologically achievable to prevent and
reduce such pollutants. The owner or operator of a commercial or industrial
establishment shall provide reasonable protection from accidental discharge of
prohibited materials or other wastes into the municipal storm drain system or
watercourses. Facilities to prevent accidental discharge of prohibited materials or
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other wastes shall be provided and maintained at the owner's or operator's
expense.
9.32.250: REQUIREMENTS FOR REDUCTION OF URBAN RUNOFF AT EXISTING
PROPERTIES:
The following good housekeeping requirements for the reduction of urban runoff shall be
adhered to by all persons within the city.
A. Collection, Storage and Minimization of Runoff.
1. Water used for irrigation purposes shall not be allowed to run off the premises
on which the irrigation is occurring. In addition, washing down paved areas shall
be prohibited unless necessary for health or safety purposes and not in violation of
any other provision of this Code.
2. The uncovered outdoor storage of unsealed containers of building materials
containing hazardous substances shall be prohibited in areas susceptible to runoff.
B. Maintenance of Equipment.
1. Objects such as vehicle motor parts containing grease, oil or other hazardous
e°1 . substances, and unsealed receptacles containing hazardous materials, shall not be
stored in areas susceptible to runoff.
2. Any machine which is to be repaired or maintained in an uncovered outdoor
area shall be placed on a pad of absorbent material to contain leaks, spills or small
discharges.
3. Machinery and equipment, including motor vehicles, which are leaking
significant amounts of oil or fluid shall be repaired.
C. Removal of Debris and Residue.
1. All parking lots susceptible to runoff that are used for motor vehicle parking
shall be swept, at minimum, on a monthly basis to remove debris. Lots with more
than ten parking spaces and all public parking facilities shall be vacuum swept, at
minimum, on a quarterly basis, to remove chemical residue. However, lots are not
required to be vacuum swept for one month following a day when precipitation of
one-half inch or more occurs.
2. Fuel and chemical residue or other types of potentially harmful material, such
as animal waste, garbage or batteries, which is located in an area susceptible to
runoff, shall be removed immediately and disposed of properly. Household
hazardous waste may be disposed of at the city's household hazardous waste
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orak collection facility or at any other appropriate disposal site and shall not be placed
in a trash container.
D. Prohibition on Use of Pesticides and Fungicides Banned from Manufacture. Use
of any pesticide, herbicide or fungicide, the manufacture of which has been either
voluntarily discontinued or prohibited by the United States Environmental
Protection Agency, shall be prohibited.
Section 8. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by creating Section 14.08.005, entitled
"Definitions,"to read as follows:
BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage. A measure used to control the adverse
stormwater related effects of development, and includes structural devices (including, but
not limited to, swales, filter strips, infiltration trenches, and site runoff storage basins)
designed to remove pollutants, reduce runoff rates and volumes, and protect aquatic
habitats, and nonstructural approaches, such as public education efforts to prevent the
dumping of household chemicals into storm drains.
CONSTRUCTION ACTIVITY: Activities subject to NPDES construction permits. These
include construction projects resulting in land disturbance of five (5) acres or more. Such
activities include but are not limited to clearing and grubbing, grading, excavating, and
demolition.
ENGINEER: The City Engineer of Elgin or his or her authorized representative.
HAZARDOUS MATERIAL: Any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical, chemical,
or infectious characteristics may cause, or significantly contribute to, a substantial present
or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.
PROHIBITED CONNECTION: Either of the following drains or conveyances:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an
illegal discharge to enter the storm drain system including but not limited to any
conveyances which allow any non-stormwater discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks, regardless of
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• Oft whether said drain or connection had been previously allowed, permitted, or
approved by an authorized enforcement agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to
the storm drain system which has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
INDUSTRIAL ACTIVITY: Activities subject to NPDES Industrial Permits as defined in
40 CFR, Section 122.26 (b)(14), as amended.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): Any method of
conveying surface water, including streets, gutters, ditches, swales, or any other
manmade structure that alters and/or directs stormwater runoff.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORM WATER DISCHARGE PERMIT: A permit issued by the United States
Environmental Protection Agency, or by the Illinois Environmental Protection Agency
State under authority delegated pursuant to 33 USC § 1342(b), as amended, authorizing
the discharge of pollutants to waters of the United States, whether the permit is applicable
on an individual, group, or general area-wide basis.
PERSON: Any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's agent. An
individual, partnership, corporation, limited liability company, unincorporated
association, trust, municipal corporation, unit of local government or other government
agency or authority, or any combination of any for the foregoing.
POLLUTANT: Anything that causes or contributes to pollution. Pollutants may include,
but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids;
non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or
other discarded or abandoned objects, articles, and accumulations, so that same may
cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a
building or structure; and noxious or offensive matter of any kind.
PROHIBITED DISCHARGE: Any direct or indirect non-stormwater discharge to the
storm drain system, except those non-stormwater discharges expressly exempted in
Section 9.32.010 B.1. of this chapter, as amended.
PREMISES: Any building, lot, parcel of land, or portion of land whether improved or
unimproved including adjacent sidewalks and parking strips.
STORM DRAINAGE SYSTEM: Publicly-owned facilities by which stormwater is
collected and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
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,�► and detention basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures.
STORMWATER: Any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
STORMWATER POLLUTION PREVENTION PLAN (SWPP): A document which
describes the Best Management Practices and activities to be implemented by a person or
business to identify sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems,
and/or receiving waters to the maximum extent practicable.
WASTEWATER: Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
Section 9. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by creating Section 14.08.025, entitled "Prohibited
Connections,"to read as follows:
A. The construction, use, maintenance or continued existence of prohibited
connections to the storm drain system is prohibited.
f B. This prohibition expressly includes, without limitation, prohibited connections
made in the past, regardless of whether the connection was permissible under law
or practices applicable or prevailing at the time of connection.
C. A person shall be in violation of this chapter if the person connects a line
conveying sewage to the storm sewer system, or allows such a connection to
continue.
Section 10. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by amending Section 14.08.030, entitled "Storm or
Sanitary Sewer; Connection Permit Applications,"to read as follows:
All applications for permits to connect with either the sanitary sewer or stormwater
sewers shall be filed with the Public Works Director. All permits for such connections
shall be in writing, signed by the Public Works Director. A record of such applications
shall be kept in the office of the Public Works Director and he shall cause to be made and
filed either in his office or in the office of the City Engineer an adequate and complete
report of the location of such connection.
Any person subject to an industrial or construction activity NPDES stormwater discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the Director of Public Works prior to or
as a condition of a subdivision map, site plan, building permit, or development or
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, ■ improvement plan; upon inspection of the facility; during any enforcement proceeding or
action; or for any other reasonable cause.
Section 11. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by creating Section 14.08.175, entitled "Suspension
of Storm Sewer System Access,"to read as follows:
A. The city may, without prior notice, suspend Municipal Separate Storm Sewer
System (MS4) discharge access to a person when such suspension is necessary to
stop an actual or threatened discharge that presents or may present imminent and
substantial danger to the environment, or to the health or welfare of persons, or to
the MS4 or Waters of the United States. If that person fails to comply with a
suspension order issued in an emergency, the authorized enforcement agency may
take such steps as deemed necessary to prevent or minimize damage to the MS4
or Waters of the United States, or to minimize danger to persons.
B. Any person discharging to the MS4 in violation of this chapter may have his or
her MS4 access terminated if such termination would abate or reduce a prohibited
discharge. The authorized enforcement agency will notify such person of the
proposed termination of its MS4 access. That person may petition the authorized
enforcement agency for a reconsideration and hearing.
C. No person shall reinstate MS4 access to any premises terminated pursuant to this
chapter without the prior approval of the authorized enforcement agency.
D. The city shall be permitted to enter and inspect facilities of any person subject to
regulation of this chapter to determine compliance with the provisions of this
chapter. If such person has security measures in force that require proper
identification and clearance before entry into its premises, that person shall make
the necessary arrangements to allow access to city officials or their designated
agents.
1. Facility operators shall allow the city ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying of records that
must be kept under the conditions of an NPDES permit to discharge stormwater,
and the performance of any additional duties as defined by state and federal law.
2. The city shall have the right to establish and maintain on any permitted facility
such devices as are necessary in the opinion of the authorized enforcement agency
to conduct monitoring and/or sampling of the facility's stormwater discharge.
3. The city may require a facility operator to install monitoring equipment on the
premises as necessary. The sampling and monitoring equipment installed at the
facility shall be maintained at all times in a safe and proper operating condition by
the facility operator at his or her own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
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— 4. Any temporary or permanent obstruction to safe and easy access to the facility
at which the discharge is to be inspected and/or sampled shall be promptly
removed by the facility operator at the written or oral request of the city and shall
not be replaced. The costs of clearing such access shall be borne by the facility
operator.
5. Any unreasonable delays in granting the city access to a permitted facility shall
be a violation of the stormwater discharge permit and of this chapter. Any person
who is the operator of a facility with a NPDES permit to discharge stormwater
associated with industrial activity commits an offense when that person denies the
city or authorized enforcement agency reasonable access to the permitted facility
for the purpose of conducting any activity authorized or required by this chapter.
6. If the city has been refused access to any part of the premises from which
stormwater is discharged and is able to demonstrate a reasonable basis to believe
that there may be a violation of this chapter or that there is a need to inspect
and/or sample as part of a routine inspection and sampling program designed to
verify compliance with this chapter or any order issued hereunder, or to protect
the overall public health, safety, and welfare of the community, then the city may
seek the issuance of an administrative search warrant for such purposes from any
court of competent jurisdiction.
Section 12. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by creating Section 14.08.177, entitled "Stormwater
Discharges Associated With Industrial Activity; Construction Activity,"to read as follows:
A. Any person who discharges, or causes to be discharged, stormwater associated
with industrial activity without first having obtained a NPDES permit to do so,
shall be guilty of an offense under this chapter.
B. The operator of any facility, including construction sites, that is required to have a
NPDES permit to discharge stormwater associated with industrial activity shall
submit a copy of the Notice of Intent (NOI) to the city at the same time the
operator submits the original Notice of Intent to the EPA, as applicable.
C. The copy of the Notice of Intent may be delivered to the city in care of the
Development Administrator either in person or by mailing it to: Development
Administrator, Community Development Department, City of Elgin, 150 Dexter
Court, Elgin, IL 60120
D. Any person who operates a facility that is discharging storm water associated with
industrial activity without having submitted a copy of the Notice of Intent
pursuant to this chapter to do so to the city shall be guilty of an offense under this
chapter.
egok
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E. A facility shall be operated in strict compliance with the requirements of its
NPDES permit in the discharge of any stormwater associated with industrial
activity.
F. Any person operating a facility in violation of a requirement of the facility's
NPDES permit to discharge stormwater associated with industrial activity shall be
guilty of an offense under this chapter.
G. The city may require any operator of a facility to modify the facility's stormwater
pollution prevention plan if in the best professional judgment of the city, the
SWPPP does not comply with the requirements of the facility's NPDES permit to
discharge storm water associated with industrial activity.
H. Any deficiencies in a facility's SWPPP shall be presented in writing to the facility
operator, and the city shall give the facility operator a reasonable amount of time,
not to exceed thirty (30) days,to make the necessary changes in the SWPPP.
Section 13. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by amending Section 14.08.180, entitled "Prohibited
Substances,"to read as follows:
It shall be unlawful for any person to leave, maintain, keep, place, throw or deposit or
cause to be left, maintain, kept, thrown, placed or deposited in or upon any public or
private property, driveway, parking area, alley, sidewalk, or any component of said
sanitary sewer, stormwater sewer, Waters of the United States, drains, catch basins,
inlets, manholes, or their connections, appurtenances or accessories, in any part thereof,
any rubbish, litter, or other discarded or abandoned objects, articles, accumulations,
wood, earth, stones, metal, garbage, refuse (other than sanitary matter herein permitted),
dead animals or waste products of factories, stores and meat markets (except liquids
herein permitted in sanitary sewers that will not injure or obstruct the same), pollutants or
waters containing any pollutants that cause or contribute to a violation of applicable
water quality standards, other than stormwater, or to discharge steam therein or permit
the same to be discharged into such sewers or part thereof, so that the same may cause or
contribute to pollution or break, mar or injure any such sewer or part thereof. Waste
deposited in streets in proper waste receptacles for the purpose of collection shall be
exempted from this prohibition.
Section 14. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by creating Section 14.08.185, entitled
"Requirement to Eliminate or Secure Approval for Prohibited Connections and Prohibited
Discharges,"to read as follows:
A. The city may require by written notice that a person responsible for a prohibited
discharge immediately, or by a specified date, discontinue the discharge and, if
necessary, take measures to eliminate the source of the discharge to prevent the
occurrence of future prohibited discharges.
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B. The city manager or his designee shall report to the city council annually on the
status of implementation of BMPs, the pollutants of concern to be addresses the
next year, and any new BMPs to be developed. BMPs developed under this
program shall be included in the city's SWPP.
C. The city may require by written notice that a person responsible for an prohibited
connection to the storm drain system comply with the requirements of this chapter
to eliminate or secure approval for the connection by a specified date, regardless
of whether or not the connection on discharges to it had been established or
approved prior to the effective date of this chapter.
D. If, subsequent to eliminating a connection found to be in violation of this chapter,
the responsible person can demonstrate that an prohibited discharge will no longer
occur, said person may request city approval to reconnect. The reconnection or
reinstallation of the connection shall be at the responsible person's expense.
Section 15. That Chapter 14.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Sewer System," be and is hereby amended by amending Section 14.08.210, entitled "Private
Disposal System Allowed When," to read as follows:
A. Where a public sanitary or combined sewer is not available under the provisions
of section 14.08.200 of this chapter, the building sewer shall be connected to a
private sewage disposal system complying with the provisions of this chapter.
B. The following procedures, standards, and enforcement shall be used to manage
any residential premises containing an Onsite Water and Sewage Disposal System
(OWSDS) in order to promote the safety, health and general welfare of the
community by ensuring the adequate disposal of sewage from homes served by an
Onsite Sewage Disposal System (OSDS). It is not the intent of this regulation to
cause existing systems that are currently functioning, but do not otherwise meet
existing construction standards, to be brought into compliance with such
standards.
C. Limitations on Sale or Transfer of Property. There shall be no sale, transfer or
conveyance of a parcel containing an OWSDS until the following conditions are
met:
1. The grantor files an evaluation report by a Licensed Environmental Health
Professional (LEHP) certified inspector;
2. The LEHP determines, based upon such report, that the OWSDS is acceptable,
or any necessary remediation is completed, or assured and accepted; and
D. Evaluations
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,— 1. Each OWSDS shall be inspected and evaluated prior to the sale, transfer or
conveyance of property upon which an OWSDS is located. The following
transfers shall be exempt from such inspections:
a. Conveyances or transfers from a spouse.
b. A change in ownership initiated solely to exclude a spouse.
c. Transfer or conveyance subject to life lease or life estate (until the life
lease or life estate expires).
d. Transfer or conveyance to effect foreclosure or forfeiture of real property.
e. Transfer or conveyance by redemption from a tax sale.
f. Transfer or conveyance creating or ending joint ownership if at least one
person is an original owner of the property or his or her spouse.
g. Transfer or conveyance to establish or release a security interest.
h. Premises built within the previous twenty-four (24) months prior to date of
property transfer.
i. Premises that shall be demolished and shall not be occupied after the
property transfer.
j. New homes that have not been occupied.
2. The owner of the premises containing an OWSDS shall have the system
evaluated by a certified inspector as approved by the city. After the evaluation has
been completed, a report to the owner or the owner's designated representative
and any prospective purchaser shall be provided describing the functional status
of the OWSDS.
E. Reports of evaluations shall include, but are not limited to:
1. The address of the site.
2. The name of the owner or owner's agent.
3. The location of the system(s).
4. A description of the current operational or functional status of the system(s).
5. Identification of any necessary repairs or replacement of all or portions of the
system(s).
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6. The results of a bacteria and nitrate drinking water test, and other water quality
parameters.
7. Other relevant or unusual observations related to the system(s).
8. Recommendations to extend the life of the system(s) and to prevent the
premature failure of the sewage system(s).
9. Educational material(s) about system(s) maintenance that have been approved
by the Division.
F. Performance Standards
1. The evaluation shall determine whether the system(s) adversely affects the
public health and environment or violates any other applicable rules or
regulations.
2. The evaluation shall determine whether the OSDS structure and its operational
status are in substantial conformance with the standards of this Regulation.
G. Registration and Certification
All inspectors performing evaluations under this chapter must be LEHP or state-
licensed contractors that have been certified and registered. No evaluation reports
shall be accepted from and individual who is not so certified and/or licensed.
H. Responsibilities of Various Parties
1. Property owners shall be responsible for hiring certified and/or licensed
inspectors to perform inspections under this chapter prior to the sale of any
premises that he or she owns. Property owners shall be responsible for
maintaining the OWSDS on their property and shall notify the city if the
inspector's evaluation report or septic tank cleaner's report indicates a failure of
the system or the owner observes a failure of the system.
2. The city manager shall designate the city department or departments that shall
be responsible for:
a. Administering and enforcing this chapter;
b. Maintaining the most current OWSDS evaluation report during the time
period the property is being served by an OWSDS and for three (3) years
thereafter;
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c. Maintaining a list of certified and/or inspectors qualified to perform
inspections under this chapter;
d. Requiring remediation by Kane County and Cook County, as applicable,
where there is evidence of a system failure.
e. Creating and maintaining the "street file" database of systems inspected,
evaluated and remediated as well as newly installed systems.
f. Establishing criteria for the inspection of OWSDS and the certification of
inspectors and make such criteria and related forms available to the public.
g. Requiring risers, observation ports and other features to facilitate
evaluations when issuing permits that meet minimum Illinois Department of
Public Heath(IDPH) requirements for installation of OWSDS.
h. Issuing authorizations for sale, transfer or conveyance of property.
I. Fees may be imposed by the city to cover expenses, including but not limited to
overhead, labor, storage, and training. Any such fees shall be paid when
inspection reports are filed with the city. All fees shall be paid before the property
is transferred and before the issuance of the city's real estate transfer stamp.
J. When an OWSDS fails, the property owner, agent or other responsible party shall
contact the city, the and Kane County Health Department or Cook County Health
Department, depending on the county in which the affected property is located,
and shall complete all repairs as required by the city and the Kane County Health
Department or Cook County Health Department, as applicable.
Section 16. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the city council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
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" Section 17. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 18. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
AZ3:1624004/
Ed Schock, Mayor
Presented: September 12, 2007
Passed: September 12, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: September 13, 2007
Published:
Attest:
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Diane Robertson, Cit Clerk
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